SANTOSH JOHARI AND ORS. Vs. UNITECH LTD.

JUDGEMENT

(1.) THE complainants in these matters, booked apartments with the opposite party in a complex known as 'vistas' which it is developing in sector 70 of Gurgaon, and they entered into individual "Buyers Agreement" with the opposite party. The possession of the apartments was agreed to be delivered to them within 36 months from the date of their respective agreements. In CC No. 433/2014, 434/2014, 466/2014, 74/2014, 475/2014 and 502/2014, the apartments were initially allotted to some other persons, from whom they were later purchased by the concerned complainants. However, there was no change in the date stipulated in the Buyers Agreement for delivery of possession of the flat. The grievance of the complainants is that neither the possession of the apartments has been given to them nor is the construction complete though the last date stipulated in the Buyer's Agreement for delivery of the possession to them has already expired more than 2 years ago. The complainants are, therefore, before this Commission seeking delivery of the possession of the flats agreed to be sold to them or in the alternative payment of current market value of such houses which is stated to be 10,000/ - per sq. ft. They are also seeking payment of compensation on account of loss of rental income to them with effect from the stipulated date of possession, compensation @5/ - per sq. ft. as per the agreement entered between the parties and compound interest @18% p.a. with effect from the stipulated date of possession. The complainants are also seeking compensation on account of their mental torture, agony etc.

(2.) THE complaints have been resisted by the OP on several grounds though it has admitted the agreement for sale of apartments to them. It is also stated in the reply that though the possession of the apartments was proposed to be delivered to the purchasers within 36 months, the said date could be extended if the completion of the project was delayed due to non -availability of essential building material, water supply, slow down, civil commotion and other reasons beyond the control of the opposite party. It is claimed that: -

(3.) DURING the course of hearing, the learned counsel for the opposite party placed on record a letter dated 27.05.2015 offering possession as per the following schedule: -